How Can an Illinois Divorce Order Be Enforced or Modified?

 Posted on February 20, 2024 in Divorce

Divorce can be a complicated process to go through in the best of times. It can be even more so if either of the ex-spouse’s circumstances change down the road. While divorce settlements generally address their future needs by stipulating what is expected of each spouse going forward, changed circumstances might make one of them unable to meet those expectations. If one spouse agrees to pay the other spousal support in their settlement and then loses their job, if the two share equal parental rights and visitation but then one gets relocated, or if one parent has primary custody but then becomes seriously ill and is unable to care for the child, these are all just a few of the many reasons why a divorce order might be modified. If circumstances in your life have changed and you think you need divorce order modifications, an Illinois divorce attorney can review the information and advise you on how to move forward.

How Can the Court Enforce Our Divorce Order?

There can be serious legal repercussions if either ex-spouse violates the terms of their divorce settlement. If, for example, they do not make their child support payments, the court can issue a legal order requiring them to pay whatever they owe. If they still fail to pay, they risk being placed on probation, getting their driver’s license suspended, or possibly serving jail time. The courts have different ways to handle all the various types of divorce order violations. If your ex is not fulfilling their part of your divorce settlement, either by not paying child or spousal support or by failing to comply with your custody agreement and not ensuring your child is available at preappointed times, you can appeal to the court to help enforce your settlement. An experienced divorce lawyer will be familiar with the process and can walk you through it.

How Can the Court Modify Our Divorce Order?

When a couple has had a divorce in the state of Illinois, either spouse can petition the court to modify any parts of the divorce order that address issues like alimony, child support, visitation, and custody. Whichever spouse is requesting modifications will need to prove that significant changes have happened in either their or their spouse’s life, rendering the existing divorce order unrealistic. Such changes could include:

• Health issues or disability
• Changes to income (someone lost their job or got a promotion and a raise)
• Remarriage.
• Changes to the child’s priorities (if they want to live with their other parent or they have new educational or medical needs)

The court will work on determining what would be in the child’s best interests and use that as a basis for any decision.

Speak with a Kendall County, IL Divorce Attorney

If you need the court to enforce your divorce order or changed circumstances have rendered it no longer relevant, an experienced Yorkville, IL divorce lawyer can help. Call The Law Office of Matthew M. Williams, P.C. at 630-409-8184 so we can get started.